Patna High CourtCR. MISC./40778/2017dismissed

Munna @ Munna Sonar @ Munna Kumar Sony v. State Of Bihar And ANR

2018-04-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40778 of 2017 Arising Out of PS.Case No. -253 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ====================================================== Munna @ Munna Sonar @ Munna Kumar Sony, Son of Sheo Nath Sonar @ Sheo Nath Mistry, Resident of Village/Mohalla-Anand Nagar, P.S.-Ara Town, District-Bhojpur at Ara (Bihar).

.... .... Petitioner

Versus

1. The State of Bihar 2.

Lokesh Yadav Son of late Krishnajee, Resident of Village/Mohalla-Shivganj, Ara (Yadav Cycle,), P.S.-Ara Town, District-Bhojpur At Ara (Bihar).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 03-04-2018 In the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the order dated 18.04.2017 passed by the learned Additional District and Session Judge-1st, Bhojpur at Ara in Sessions Trial No.304 of 2016 arising out of Ara Town P.S. Case No.253 of 2015 registered under Sections 302 read with 34 of the Indian Penal Code and 27 of the Arms Act whereby he has rejected the claim of juvenility of the petitioner holding him

Patna High Court Cr.Misc. No.40778 of 2017 (2) dt.03-04-2018 major on the date of alleged occurrence.

In my considered opinion, against an order of rejection of claim of juvenility, an application under Section 482 of the Code of Criminal Procedure would not be maintainable. The petitioner has a statutory remedy under the Juvenile Justice (Care and Protection of Children) Act.

In that view of the matter, the application is dismissed as not maintainable. However, the petitioner would be at liberty to challenge the impugned order before this Court in accordance with law.

(Ashwani Kumar Singh, J.) Sanjeet/- U T